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TO AMEND SECTION 27-16-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF BINGO BY THE CATAWBA INDIAN TRIBE UNDER THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT AND THE TERMS AND CONDITIONS RELATING THERETO, SO AS TO REPEAL ANY RIGHT OF THE CATAWBA INDIAN TRIBE TO OPERATE VIDEO POKER AND SIMILAR ELECTRONIC PLAY DEVICES AND TO ALSO PERMIT THE TRIBE TO CONDUCT CLASS II ELECTRONIC BINGO GAMING AT A SINGLE TRIBAL FACILITY LOCATED IN ORANGEBURG COUNTY; TO AMEND CHAPTER 16 OF TITLE 27, RELATING TO THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT, BY ADDING SECTIONS 27-16-200 THROUGH 27-16-350 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE CATAWBA INDIAN TRIBE MAY DEVELOP AND OPERATE A CLASS II ELECTRONIC BINGO FACILITY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; BY ADDING SECTION 12-8-2050 SO AS TO PROVIDE THAT THE CATAWBA INDIAN TRIBE AND ITS ELECTRONIC BINGO FACILITY OPERATION SHALL COMPLY WITH ALL APPLICABLE REPORTING AND WITHHOLDING REQUIREMENTS OF THE INTERNAL REVENUE SERVICE AND THE SOUTH CAROLINA DEPARTMENT OF REVENUE; BY ADDING SECTION 12-21-4285 SO AS TO PROVIDE THAT NOTHING IN EXISTING BINGO REGULATORY PROVISIONS OF LAW MAY BE DEEMED TO AUTHORIZE THE STATE TO IMPOSE ANY TAX, FEE, CHARGE, OR ASSESSMENT UPON THE CATAWBA INDIAN TRIBE AND ITS GAMING OPERATION EXCEPT FOR CHARGES EXPRESSLY AUTHORIZED PURSUANT TO CHAPTER 16 OF TITLE 27; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS INCLUDING A REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE TRIBE FILE A CERTIFICATION WITH THE SECRETARY OF STATE THAT THE EXECUTIVE COMMITTEE OF THE TRIBE HAS VOTED TO WAIVE AND DISCLAIM ANY RIGHT TO OPERATE VIDEO POKER DEVICES AND TO DISMISS ANY PENDING LAWSUITS OR TO BRING FURTHER LAWSUITS AGAINST THE STATE OF SOUTH CAROLINA ON THIS BASIS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-16-110(G) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(G) The Tribe may permit on its Reservation video poker or similar electronic play devices to the same extent that the devices are authorized by state law. The Tribe is subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law, except if the Reservation is located in a county or counties which prohibit the devices pursuant to state law, the Tribe nonetheless must be permitted to operate the devices on the Reservation if the governing body of the Tribe so authorizes, subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law.
Notwithstanding any other provision of law, the tribe may conduct 'Class II gaming' as defined in this section, and in the manner and subject to the restrictions in Section 27-16-200 through Section 27-16-350, at a single tribal facility on land in Orangeburg County:
(1) As used in this section, 'Class II gaming' means any game of chance known as bingo, whether or not electronic, computer, or other technologic aids are used in connection therewith:
(a) which is played for prizes including monetary prizes with printed or electronic cards bearing numbers or other designations;
(b) in which the holder of the card covers the numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined; and
(c) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on the cards including, if played in the same location, and other games similar to bingo.
(2) The term 'Class II gaming' does not include:
(a) any banking card games, including baccarat, chemin de fer, or blackjack (21); or
(b) electronic or electro mechanical game of chance or slot machines operated as an individual play, with or against the machine.
(3) As used in this section, 'electronic, computer, or other technologic aids' includes electronic bingo games, electronic dispensers, and any machine or device that assists a player or the playing of a bingo game, broadens the participation levels in a bingo game, facilitates communication between and among bingo machines and locations over a wide area network, or allows players to play a game with or against other players rather than with or against a machine.
(4) As used in this section, 'electronic bingo games' means bingo, played with a minimum of two players competing against each other on electronic player stations that are interconnected through a computer network, wherein players select and purchase electronic bingo cards bearing numbers or other designations that are electronically generated and stored in a central computer database; the numbers or other designations are electronically determined by a random number generator and transmitted to and displayed on each player's electronic player station; and the game is won by the person or persons holding a card that matches the game winning pattern or patterns that have been electronically determined, with game results displayed in various entertaining visual modes, provided that an electronic display of the bingo card must appear in a section of the screen in all visual modes. Electronic bingo games may include auto-play systems that allow the bingo game to commence or continue if the mandatory number of players required by the system are not present.
(5) As used in this section, 'electronic dispensers' means devices which provide the players with a choice of various entertaining visual modes to accompany the game, provided that a 'verify' feature that allows players to see the results shall appear in a section of the screen in all visual modes.
(6) As used in this section, other examples of 'electronic, computer or other technologic aids' includes, but are not limited to, dispensers, readers, telephones, cables, televisions, screens, satellites, bingo blowers, electronic player stations, electronic cards for participants in bingo games, player terminals, and central servers containing random number generators for remote player terminals."
SECTION 2. Chapter 16, Title 27 of the 1976 Code is amended by adding:
"Section 27-16-200. The General Assembly finds:
(1) Orangeburg and Clarendon Counties have for many years experienced unemployment levels which continue to approach or exceed two hundred percent of South Carolina statewide unemployment levels;
(2) the Department of Commerce and Orangeburg and Clarendon County economic development officials, as well as the political and business leaders in the town of Santee, have identified tourism related business as the key to economic development and job creation in Orangeburg and Clarendon Counties;
(3) elected officials, working together with economic development officials, from Orangeburg County, Clarendon County, and the town of Santee have for several years worked closely with the Catawba Indian Tribe for the development of the Class II electronic bingo facility to be authorized and regulated under the provisions of this chapter;
(4) the Class II electronic bingo facility authorized and regulated under the provisions of this chapter will constitute an economic development and job creation project which will create more than eleven hundred jobs without the appropriation of any funds by the General Assembly;
(5) the Class II electronic bingo facility authorized and regulated under the provisions of this chapter will generate more than five million dollars in new state and local tax revenue;
(6) the Orangeburg County Council and Santee Town Council, supported by the business community, local political leaders of the Republican and Democratic political parties, and the editors of the Orangeburg Times and Democrat, have voted unanimously in support of the Catawba Indian Tribe's efforts to operate a Class II gaming facility near Santee in Orangeburg County;
(7) the Honorable Joseph M. Strickland, Special Circuit Judge, issued an order after a full hearing in Civil Action No. 05-CP-40 in which the court ruled on December 13, 2005, that 'the settlement agreement and state act give the tribe the present and continuing right to operate video poker or similar electronic play devices on its reservation if the governing body of the tribe so authorizes';
(8) the court, upon motion for reconsideration and after a full hearing, reaffirmed the decision by order in January 2006;
(9) it is the desire and intention of the General Assembly to prevent the expansion of gambling authorized by law and to completely eliminate any right that the Catawba Indian Tribe may have to operate video poker or similar electronic devices on the Catawba Reservation in York County and the Catawba Indian Tribe has agreed to forever waive any such right, to the extent such right exists, upon enactment of Sections 27-16-200 through 27-16-350 by the General Assembly of South Carolina;
(10) the Congress provided in 25 U.S.C. Section 941m(f) that the State and the Catawba Indian Tribe were authorized to amend the settlement agreement and the state act if consent to such amendment was given by both the State and the tribe.
Section 27-16-210. As used in Sections 27-16-200 through 27-16-350:
(1) 'Class II gaming' shall have the meaning set forth in Section 27-16-110(G).
(2) 'Electronic, computer, or other technologic aids' shall have the meaning set forth in Section 27-16-110(G).
(3) 'Electronic bingo games' shall have the meaning set forth in Section 27-16-110(G).
(4) 'Electronic dispensers' shall have the meaning set forth in Section 27-16-110(G).
(5) 'Enterprise' means any individual, trust, corporation, partnership, or other legal entity of any kind other than a tribal enterprise wholly owned by the Catawba Indian Tribe; provided however, that with respect to a corporation, the term 'enterprise' shall include each corporation or other legal entity which, directly or indirectly, controls a majority of the voting interests in the corporation; and further provided, that with respect to any partnership, trust, or other form of unincorporated business organization, the term 'enterprise' shall include each corporation or other legal entity which, directly or indirectly, controls a majority of the voting interests in the organization.
(6) 'Gaming employee' means any natural person employed in the operation or management of the single tribal gaming facility referenced in Section 27-16-110(G), whether employed by the tribe or by any enterprise providing on-site services to the tribe.
(7) 'Gaming equipment' means any machine or device which is specifically designed or manufactured for use in the operation of Class II gaming.
(8) 'Gaming facility' means any structure in which Class II gaming is conducted.
(9) 'Gaming operation' means any enterprise operated by the tribe for the conduct of Class II gaming in any gaming facility.
(10) 'Principal' means with respect to any enterprise:
(a) each of its officers and directors;
(b) each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, or general manager;
(c) each of its owners or partners if an unincorporated business;
(d) each of its shareholders who owns more than ten percent of the shares of the corporation if a corporation; and
(e) each person other than a banking institution who has provided financing for the enterprise constituting more than ten percent of the total financing of the enterprise.
(11) 'State' means the State of South Carolina, its authorized officials, agents, and representatives.
(12) 'Lottery Commission' means the South Carolina Lottery Commission or its regulatory successor.
(13) 'Tribe' means the Catawba Indian Tribe, its authorized officials, agents, and representatives.
Section 27-16-220. (A) If the State authorizes a person or entity, including state agencies or entities, to engage in a form of gaming which was prohibited by state law off the Reservation on January 1, 2006, then the tribe shall have the right to conduct the identical form of gaming at its Class II facility in Orangeburg County and on the tribe's reservation. In addition, the tribe's right to operate 'electronic bingo games' and 'electronic dispensers' shall be deemed to be an exclusive, contractual right and no other person or entity in the State, including state agencies or entities, shall have the right to operate 'electronic bingo games' and 'electronic dispensers'. Nothing in Sections 27-16-200 through 27-16-350 may be construed to affect the right of a person in this State to conduct the game of bingo to the extent allowed as of March 1, 2006.
(B) Except as is provided by Section 27-16-110 and this chapter, the tribe shall have the right to permit or to engage in gaming only to the same extent as any other person within the State.
Section 27-16-230. (A) The State of South Carolina shall have jurisdiction to enforce all criminal laws of the State at and within the single tribal facility authorized in Section 27-16-110(G).
(B) Law enforcement officers of the State of South Carolina must be accorded free access to any gaming facilities for the purpose of maintaining public order and public safety and enforcing criminal laws of the State, and personnel employed by the gaming operation for such purposes shall provide state law enforcement officers access to locked and secured areas of the gaming facilities in accordance with the standards of maintenance and operation promulgated in this chapter.
(C) No person under twenty-one may be admitted into a gaming facility nor be permitted to engage in Class II gaming. However, a person over the age of majority may be employed in the gaming facility provided that he is licensed as provided in this chapter.
(D) All payments for wagers made in Class II gaming must be made by cash, cash equivalent, check, or credit card.
Section 27-16-240. (A) No person may commence or continue employment as a gaming employee unless he is the holder of a valid current gaming employee license issued by the Lottery Commission in accordance with the provisions of this section.
(B) Each applicant for a gaming employee license shall submit a completed license application to the Lottery Commission on forms required and provided by the Lottery Commission. The Gaming Operation shall certify on the application that submission of the application has been approved. The gaming employee license application forms shall contain the information, documentation, and assurances as may be required by the Lottery Commission concerning the applicant's personal and family history, personal and business references, criminal conviction record, business activities, financial affairs, gaming industry experience, gaming school education, and general educational background. Each completed license application submitted to the Lottery Commission pursuant to the provisions of this section must be accompanied by the applicant's fingerprint cards and photographs in the form as required by the Lottery Commission. Promptly upon receipt of a completed license application, the Lottery Commission shall forward a copy of the application to the State Law Enforcement Division.
(C) Promptly upon receipt of an application for a gaming employee license, the Lottery Commission shall request the State Law Enforcement Division to cause state and federal criminal record checks to be done on the applicant to determine whether the applicant has a criminal history. The State Law Enforcement Division may undertake such further investigation of the applicant and applicant's background as it considers appropriate and, as soon as is practicable after receipt of the completed license application, shall report to the Lottery Commission and the Gaming Operation to the extent otherwise permitted by law on the results of such investigation.
(D) Unless the state criminal record check undertaken by the Lottery Commission within ten days of the receipt of a completed application discloses that the applicant has a criminal history, or unless other grounds sufficient to disqualify the applicant pursuant to subsection (E) are apparent on the face of the application, the Lottery Commission, upon request of the Gaming Operation, shall issue a temporary gaming employee license to the applicant which shall expire and become void and of no effect upon the determination by the Lottery Commission of the applicant's suitability for a gaming employee license.
(E) The Lottery Commission, as soon as is practicable after receipt of a completed license application, either shall grant or deny the license. The Lottery Commission may deny a gaming employee license to any applicant who has:
(1) been determined to be a person whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the chances of unfair or illegal practices, methods, and activities in the conduct of the gaming activities permitted under this chapter. However, the State shall not apply standards for approval of licenses pursuant to this section more rigorously than those actually applied in the hiring of employees of the Lottery Commission;
(2) failed to provide any information reasonably required to investigate the application for a gaming employee license or to reveal any fact material to such application, or has furnished any information which is untrue or misleading in connection with such application.
(F) A gaming employee license issued by the Lottery Commission must be effective for not more than one year and shall expire on October thirty-first of each year; provided, that a licensed employee who has applied for renewal may continue to be employed under the expired license until final action is taken on the renewal application by the Lottery Commission. Previously licensed applicants or applicants for renewal shall provide currently updated application material but may not be required to resubmit historical data already available to the Lottery Commission. No additional background investigation of an applicant for renewal may be required unless new information concerning the renewal applicant's continuing suitability or eligibility for a license comes to the attention of either the Lottery Commission or the State Law Enforcement Division.
(G) The Lottery Commission or State Law Enforcement Division may investigate a person who holds a gaming employee license at any time, and the Lottery Commission may suspend or revoke a gaming employee license issued under this chapter if new information concerning facts arising either before or after the issuance of the original license or a renewal of the license comes to the attention of the Lottery Commission, which information would justify denial of the original license, or the renewal of the license, pursuant to subsection (E) of this section. However, no gaming employee license may be revoked or suspended except after the notice and hearing as is generally required for similar administrative actions under the Administrative Procedures Act applicable to agencies of the State.
(H) All licensed gaming employees actively employed by the Gaming Operation and having access to the gaming facilities, upon the commencement of their employment, must be provided with identification badges in the form as required by the Lottery Commission which must be displayed or carried within the gaming facility, and the tribe shall employ its best efforts to recover the badges from an employee upon the termination of employment at the gaming facility.
(I) Decisions of the Lottery Commission to deny, suspend, or revoke a gaming employee license pursuant to this section, following an administrative review or appeal which may be permitted by the Lottery Commission in accordance with procedures which it may establish, constitutes final agency action subject to judicial review in the manner provided by the laws of the State for judicial review of administrative actions affecting similar rights.
(J) The State Law Enforcement Division may investigate misconduct of employees of the Gaming Operation who are not gaming employees but who are employed in ancillary facilities located within the same building as any gaming facility, and these employees must be dismissed by the tribe from this employment upon notification by the State Law Enforcement Division that their conduct in the course of their employment in the ancillary facilities poses a threat to the effective regulation of gaming or creates or enhances the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming, subject to the same rights of appeal as are provided in subsection (I) above.
Section 27-16-250. (A) No enterprise may provide gaming equipment to the Gaming Operation unless it is the holder of a valid current gaming service registration issued by the Lottery Commission in accordance with the provisions of this section.
(B) Each applicant for a gaming service registration shall submit a completed registration application to the Lottery Commission on forms required and provided by the Lottery Commission. The Gaming Operation shall certify on the application that submission of the application has been approved. The gaming service registration application shall contain the information, documentation, and assurances as may be required by the Lottery Commission which shall identify all of the applicant's principals and which shall concern the applicant's and the principal's personal and family history, personal and business references, criminal conviction record, business activities, financial affairs, prior gaming industry experience, and general education background; all of the foregoing as may be applicable to the applicant or the principal. Each completed gaming service registration application submitted to the Lottery Commission pursuant to the provisions of this section must be accompanied by the fingerprint cards and photographs of each principal of the applicant in the form required by the Lottery Commission. Promptly upon receipt of a completed registration application, the Lottery Commission shall forward a copy to the State Law Enforcement Division.
(C) The Lottery Commission and the State Law Enforcement Division promptly upon receipt of an application for a gaming services registration shall conduct an investigation of the applicant and each of its principals. The investigation shall include criminal record checks to be done on each of the applicant's principals and the other investigation of applicants and its principals as may be considered appropriate by the Lottery Commission and State Law Enforcement Division. The State Law Enforcement Division, as soon as is practicable after receipt of the completed gaming services registration application, shall report to the Lottery Commission and the Gaming Operation to the extent permitted by law on the results of its investigation.
(D) During the twelve-month period immediately following the effective date of Sections 27-16-200 through 27-16-350 as provided herein, an applicant for a gaming service registration that is licensed to provide equipment for gaming in any other state may file a completed application for gaming service registration with the Lottery Commission, and upon filing of the application with the Lottery Commission immediately must be issued a temporary gaming service registration by the Lottery Commission pending determination of the applicant's suitability or eligibility for a gaming service registration pursuant to subsection (E) of this section.
(E) The Lottery Commission, as soon as practicable after receipt of a completed application for a gaming service registration, either shall grant or deny the application. The Lottery Commission may deny a gaming service registration to an applicant upon its determination that the applicant, or a principal identified with the applicant:
(1) is a person or entity whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the chances of unfair or illegal practices, methods, and activities in the conduct of the gaming activities permitted in this chapter. However, the State shall not apply standards for approval of registrations pursuant to this section more rigorously than those actually applied in the approval of similar licenses in gaming enterprises operated or regulated exclusively by the State; or
(2) has failed to provide any information reasonably required to investigate the application for a gaming service registration or to reveal any fact material to the application or has furnished any information which is untrue or misleading in connection with the application.
(F) Any gaming services registration issued by the Lottery Commission must be effective for not more than one year and shall expire on October thirty-first of each year; provided, that a registered enterprise that has applied for renewal may continue to provide services under the expired registration until final action is taken on the renewal application by the Lottery Commission. Previously registered applicants or applicants for renewal shall provide currently updated application material but will not be required to re-submit historical data already available to the Lottery Commission. No additional background investigation of an applicant for registration renewal must be required unless new information concerning the renewal applicant's continuing suitability or eligibility for a license comes to the attention of either the Lottery Commission or the State Law Enforcement Division.
(G) The Lottery Commission or the State Law Enforcement Division may investigate an enterprise or principal of the enterprise which holds a gaming services registration license at any time, and the Lottery Commission may suspend or revoke a gaming services registration issued under this chapter if new information concerning facts arising either before or after the issuance of the original registration, or any renewal of it, comes to the attention of the Lottery Commission which information would justify denial of the original license, or any renewal thereof, pursuant to subsection (E) of this section. However, no registration may be revoked or suspended except after the notice and hearing as is ordinarily required for similar administrative actions under the administrative procedures applicable to agencies of the State. Further, the enterprise must be entitled to any payment due for services provided or goods delivered before the effective date of suspension or revocation of its registration.
(H) Decisions of the Lottery Commission to deny, suspend, or revoke a registration pursuant to this section, following an administrative review or appeal which may be permitted by the Lottery Commission in accordance with procedures which it may establish, constitutes final agency action subject to judicial review in the manner provided by the laws of the State for judicial review of administrative actions affecting similar rights.
(I) Any enterprise filing an application for a gaming services registration pursuant to this section shall pay to the Lottery Commission a fee sufficient to compensate the Lottery Commission for the costs of review of the registration applications; provided the maximum amount of the fee may be no more than one thousand five hundred dollars for each applicant, but any balance of the costs not recovered as a result of this limitation on fees must be included in the assessment of costs pursuant to Section 27-16-280.
(J) Notwithstanding any other provision of law, the tribe's right to contract with a person, corporation, partnership, limited partnership, limited liability company, or other entity for the purpose of developing, owning or operating a facility or facilities for gaming authorized by Section 27-16-110(G) may not be impaired. However, an enterprise which provides goods or services to a Gaming Operation other than gaming equipment in a total amount exceeding the sum of one hundred thousand dollars in a single twelve-month period must be identified by the tribe to the Lottery Commission and must agree to cooperate with the Lottery Commission and the State Law Enforcement Division in an investigation considered necessary by either the agency relative to the fitness of the enterprise to engage in business with a gaming operation, or relative to the conduct of the enterprise in connection with the activity. The Lottery Commission may bar the enterprise from providing goods or services to the Gaming Operation upon a determination that the enterprise or a principal thereof is a person or entity whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming. However, the enterprise may appeal the determination in the manner provided pursuant to subsection (H). The provisions of subsection (J) shall not apply to:
(1) persons providing professional, legal, and accounting services;
(2) institutional brokers, investment banks, investment advisors, or placement agents providing underwriting, placement, investment management or financial advisory services to or for the benefit of the gaming enterprise;
(3) institutional lenders or mutual funds or publicly held companies purchasing, either directly or indirectly, bonds, notes, participations, or other tangible or intangible interests in financing provided to or for the benefit of the gaming enterprise; and
(4) persons purchasing, either directly or indirectly, bonds, notes, participations, or other tangible or intangible interests in financing provided to or for the benefit of the gaming enterprise from entities described in item (3).
Section 27-16-260. (A) The Gaming Operation shall adopt standards of operation and management to govern all Class II gaming that are consistent with this chapter. These standards shall protect the public interest in the integrity of Class II gaming and shall reduce the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming.
(B) The following additional standards shall apply to the operation of Class II gaming:
(1) the Gaming Operation shall exclude persons from the gaming facility whose criminal history or association with career offenders or career offender organizations poses a threat to the integrity of the Class II gaming facility. The Gaming Operation shall employ its best efforts to exclude these persons from entry into its gaming facilities. The Gaming Operation also shall exclude persons engaging in disorderly conduct or other conduct jeopardizing public safety in the gaming facility;
(2) the tribe shall require the audit of the gaming activities of the Gaming Operation, not less than annually, by an independent certified public accountant, in accordance with the auditing and accounting standards of the American Institute of Certified Public Accountants for audits of similar gaming facilities.
Section 27-16-270. Whenever in this chapter it is provided that decisions of state administrative actions may be appealed in the manner provided for appeal of agency actions subject to judicial review, if the Administrative Law Court or another court lacks jurisdiction to entertain the appeal, then the action must be subject to appeal to an arbitrator designated in accordance with the procedures of the American Arbitration Association. The procedures for the arbitration must be governed by the rules of the American Arbitration Association. The arbitration must be decided in accordance with the provisions of this chapter and, to the extent consistent with the provisions of this chapter, in accordance with the principles generally applicable under South Carolina law relating to the review of final administrative decisions subject to judicial review.
Section 27-16-280. (A) The Lottery Commission annually shall make an assessment sufficient to compensate the State for the reasonable and necessary costs of regulating gaming operations and conducting law enforcement investigations pursuant to this chapter. The assessment must be net of fees received with respect to the submission of gaming service enterprise registrations pursuant to Section 27-16-250.
(B) By August first, annually, the Lottery Commission shall render to the tribe a statement of the total cost of regulation and law enforcement for the preceding fiscal year ending June thirtieth, together with proposed assessments for the forthcoming fiscal year based on the preceding fiscal year cost, except that in the first year after the effective date of Sections 27-16-200 through 27-16-350, the assessment must be prospective and based upon a pro rata allocation of costs, and must be established following consultation with the tribe. On September first annually, the State, after receiving any objections to the proposed assessments and making the changes or adjustments as may be indicated, shall assess the tribe for the costs of regulation and law enforcement. The tribe shall thereafter make a payment representing one-third of the assessment within a twenty-day period, and thereafter payments on January first and April first annually. The payments must be deposited with the State Treasurer. The monies deposited must be credited to the Lottery Commission and must be accounted for, as the State considers appropriate.
(C) If the tribe is aggrieved because of an assessment levied pursuant to this chapter, within one month from the time provided for the payment of the assessment, it may appeal from the assessment to the court of common pleas for Orangeburg County. Notice of the appeal must be served on the Lottery Commission in the same manner, as is required in case of a summons in a civil action.
(D) If the total assessment paid by the tribe during a fiscal year of the State exceeds the reasonable and necessary costs of regulating gaming operations and conducting law enforcement investigations pursuant to this chapter during that fiscal year, then the State shall adjust the assessment for the succeeding fiscal year in the amount necessary to offset the excess assessments. If the tribe is aggrieved because of any failure by the State to make such an adjustment, any claim for the adjustment must be presented in the appeal of the assessment as provided in subsection (C).
Section 27-16-290. (A) The Gaming Operation shall prepare a plan for the protection of public safety and the physical security of patrons in each of its gaming facilities, following consultation and agreement with the State Law Enforcement Division. The Gaming Operation also shall provide the Lottery Commission with copies of its floor plans and surveillance systems for each gaming facility and confer with the Lottery Commission regarding the adequacy of the plans and systems.
(B) The Lottery Commission shall have the authority to inspect the Gaming Operation in order to determine whether such operation is conducted in compliance with the provisions of this chapter, and for that purpose personnel employed by the Lottery Commission shall have access to all areas of the gaming facilities without prior notice for the purpose of audits of the Gaming Operation, and personnel employed by the Gaming Operation for such purposes shall provide the state personnel access to locked and secured areas of the gaming facilities in accordance with the standards of maintenance and operation promulgated pursuant to this chapter. The state personnel shall report to the Lottery Commission regarding any failure by the Gaming Operation to comply with any of the provisions of this chapter. Personnel employed by the Lottery Commission may not interfere with the conduct of the Gaming Operation except as may be required to perform the review functions. Auditors employed by the Lottery Commission shall have unfettered access during ordinary hours of operation to inspect and copy all records including computer log tapes of the Gaming Operation. However, all records of the Gaming Operation which are obtained by the Lottery Commission are considered confidential and proprietary financial information belonging to the Gaming Operation and is not subject to public disclosure by the State without the express written consent of the Gaming Operation. The Lottery Commission may conduct the investigations and may employ subpoena powers with which it may be vested under the laws of the State, as it considers appropriate to investigate violations of this chapter with respect to the Gaming Operation.
(C) If the Lottery Commission determines that the Gaming Operation is not in compliance with the provisions of this chapter, the Lottery Commission shall deliver a notice of noncompliance to the tribe and the Gaming Operation setting forth the nature of the noncompliance and the action required to remedy the noncompliance. If the Gaming Operation fails to comply with any provision of this chapter following receipt of a valid notice from the Lottery Commission requesting correction of such noncompliance, the United States District Court for the District of South Carolina shall have jurisdiction over any cause of action initiated by the Lottery Commission to enjoin a Class II gaming activity conducted in violation of this chapter. The tribe waives any defense which it may have by virtue of its sovereign immunity from suit with respect to any such action in the United States District Court for the District of South Carolina to enforce the provisions of this chapter and consents to the exercise of jurisdiction over the action and over the tribe by the United States District Court for the District of South Carolina with respect to the actions to enforce the provisions of this chapter.
Section 27-16-300. The ordinances of the tribe governing Class II gaming activities must provide that net revenues from these gaming activities are not to be used for purposes other than:
(1) to fund tribal government operations or programs;
(2) to provide for the general welfare of the Indian tribe and its members;
(3) to promote tribal economic development;
(4) to donate to charitable organizations; or
(5) to pay for the actual costs of operations of state, county, and local governmental agencies required as a result of the conduct of Class II gaming in Orangeburg County.
Section 27-16-310. (A) The terms and conditions of this chapter may not be modified, amended, or otherwise altered except in the manner set forth by Title 25, Section 941m(f), of the United States Code.
(B) Nothing in this chapter may be deemed to authorize the State to regulate in any manner the government of the tribe or to interfere in any manner with the tribe's selection of its governmental officers. No licensing or registration requirement contemplated by this chapter may be applicable to the officers with respect to their capacity as officers of the tribe.
Section 27-16-320. If any section or provision of this chapter is held invalid, or its application to a particular activity held invalid, it is the intent of the parties that the remaining sections of the chapter and the remaining applications of the section or provision shall continue in full force and effect.
Section 27-16-330. Nothing in this chapter may be construed to allow video poker play and all prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply.
Section 27-16-340. The State of South Carolina and the tribe waive sovereign immunity and Eleventh Amendment immunity to a lawsuit by each other in state or federal court to enforce the provisions of this chapter.
Section 27-16-350. Nothing in this chapter may be deemed to expand or contract the rights, obligations, and responsibilities of the South Carolina Education Lottery."
SECTION 3. Chapter 8, Title 12 of the 1976 Code is amended by adding:
"Section 12-8-2050. The Catawba Indian Tribe and its gaming operation conducted under the authority of Chapter 16 of Title 27 shall comply with all applicable reporting and withholding requirements of the Internal Revenue Service and the South Carolina Department of Revenue and shall maintain accurate records of all these reports and returns, and shall implement policies and procedures adequate to assure compliance with these obligations."
SECTION 4. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4285. Nothing in this Article 24 or in any other provision of law may be deemed to authorize the State to impose any tax, fee, charge, or assessment upon the Catawba Indian Tribe and its Gaming Operation conducted under the authority of Chapter 16 of Title 27 except for charges expressly authorized pursuant to Chapter 16 of Title 27. However, nothing in Chapter 16 of Title 27 shall relieve the Gaming Operation of the obligation to pay ordinary and customary taxes as otherwise would be required of a similarly situated entity."
SECTION 5. This act takes effect upon approval by the Governor, and upon the Executive Committee of the tribe filing a certification with the South Carolina Secretary of State that the Executive Committee of the tribe has voted to waive, release, and forever disclaim any right to operate video poker devices and to dismiss any pending lawsuits or to bring further lawsuits against the State of South Carolina or any officials of the State of South Carolina based in whole or in part on the refusal of the State or any of its officials to permit the tribe to operate video poker devices on or off the Reservation.
This web page was last updated on Tuesday, June 23, 2009 at 2:09 P.M.